1.
Bar (law)
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In law, the term bar has two principal meanings. The area behind the bar is open to the public and this restriction is enforced in nearly all courts. In most courts, the bar is represented by a physical partition, the bar may also refer to the qualifying procedure by which a lawyer is licensed to practice law in a given jurisdiction. In the United States, this procedure is administered by the individual U. S. states, in general, a candidate must graduate from a qualified law school and pass a written test, the bar examination. Nearly all states use the Multistate Bar Examination, usually with additions for that states laws, the candidate is then admitted to the bar. A lawyer whose license to practice law is revoked is said to be disbarred, in the United Kingdom, the practice of law is divided between barristers and solicitors. It is usually the former who appear in a role before the court. When a lawyer becomes an advocate or barrister, he is called to the bar, the Bar commonly refers to the legal profession as a whole. With a modifier, it may refer to a branch or division of the profession, as for instance, in conjunction with bench, bar may differentiate lawyers who represent clients, from judges or members of a judiciary. In this sense, the bar advocates and the bench adjudicates, yet, judges commonly remain members of the bar, and lawyers are commonly referenced as Officers of the Court. The phrase bench and bar denotes all judges and lawyers collectively, Admission to practise law Admission to the bar in the United States Bar Association Bench Call to the bar Courtroom Importance of Bar & Bench relationship, Available at learningthelaw. in
2.
Lawyer
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A lawyer is a person who practices law, as an advocate, barrister, attorney, counselor or solicitor or chartered legal executive. The role of the lawyer varies greatly across legal jurisdictions, in practice, legal jurisdictions exercise their right to determine who is recognized as being a lawyer. As a result, the meaning of the lawyer may vary from place to place. In Australia, the lawyer is used to refer to both barristers and solicitors. In Canada, the word lawyer refers to individuals who have been called to the bar or. Common law lawyers in Canada are formally and properly called barristers and solicitors, however, in Quebec, civil law advocates often call themselves attorney and sometimes barrister and solicitor in English. The Legal Services Act 2007 defines the activities that may only be performed by a person who is entitled to do so pursuant to the Act. Lawyer is not a protected title, in India, the term lawyer is often colloquially used, but the official term is advocate as prescribed under the Advocates Act,1961. In Scotland, the word refers to a more specific group of legally trained people. It specifically includes advocates and solicitors, in a generic sense, it may also include judges and law-trained support staff. In the United States, the term refers to attorneys who may practice law. It is never used to refer to patent agents or paralegals, in fact, there are regulatory restrictions on non-lawyers like paralegals practicing law. Other nations tend to have terms for the analogous concept. In most countries, particularly civil law countries, there has been a tradition of giving many legal tasks to a variety of civil law notaries, clerks, and scriveners. Several countries that originally had two or more legal professions have since fused or united their professions into a type of lawyer. Most countries in this category are common law countries, though France, in countries with fused professions, a lawyer is usually permitted to carry out all or nearly all the responsibilities listed below. Arguing a clients case before a judge or jury in a court of law is the province of the barrister in England. However, the boundary between barristers and solicitors has evolved, in England today, the barrister monopoly covers only appellate courts, and barristers must compete directly with solicitors in many trial courts
3.
Jurisdiction
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Jurisdiction is the practical authority granted to a legal body to administer justice within a defined area of responsibility, e. g. Michigan tax law. In federations like the U. S. areas of jurisdiction apply to local, state, colloquially it is used to refer to the geographical area to which such authority applies, e. g. the court has jurisdiction over all of Colorado. The legal term refers only to the authority, not to a geographical area. International laws and treaties provide agreements which nations agree to be bound to, supranational organizations provide mechanisms whereby disputes between nations may be resolved through arbitration or mediation. When a country is recognized as de jure, it is an acknowledgment by the de jure nations that the country has sovereignty. However, it is often at the discretion of each nation whether to co-operate or participate, if a nation does agree to participate in activities of the supranational bodies and accept decisions, the nation is giving up its sovereign authority and thereby allocating power to these bodies. The fact that organizations, courts and tribunals have been created raises the difficult question of how to co-ordinate their activities with those of national courts. But, to invoke the jurisdiction in any case, all the parties have to accept the prospective judgment as binding. This reduces the risk of wasting the Courts time, each such group may form transnational institutions with declared legislative or judicial powers. For example, in Europe, the European Court of Justice has been given jurisdiction as the appellate court to the member states on issues of European law. This jurisdiction is entrenched and its authority could only be denied by a member if that member nation asserts its sovereignty. Hence, in the Netherlands, all treaties and the orders of international organizations are effective without any action being required to convert international into municipal law, in nations adopting this theory, the local courts automatically accept jurisdiction to adjudicate on lawsuits relying on international law principles. Otherwise the courts have a discretion to apply international law where it does not conflict with statute or the common law. According to the Supreme Court of the United States, the treaty power authorizes Congress to legislate under the Necessary and this concerns the relationships both between courts in different jurisdictions, and between courts within the same jurisdiction. The usual legal doctrine under which questions of jurisdiction are decided is termed forum non conveniens, to deal with the issue of forum shopping, nations are urged to adopt more positive rules on conflict of laws. In addition, the Lugano Convention binds the European Union and the European Free Trade Association, council Regulation 44/2001 now also applies as between the rest of the EU Member States and Denmark due to an agreement reached between the European Community and Denmark. In some legal areas, at least, the CACA enforcement of judgments is now more straightforward. At a national level, the rules still determine jurisdiction over persons who are not domiciled or habitually resident in the European Union or the Lugano area
4.
Commonwealth of Nations
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The Commonwealth of Nations, also known as simply the Commonwealth, is an intergovernmental organisation of 52 member states that are mostly former territories of the British Empire. The Commonwealth dates back to the century with the decolonisation of the British Empire through increased self-governance of its territories. It was formally constituted by the London Declaration in 1949, which established the states as free. The symbol of free association is Queen Elizabeth II who is the Head of the Commonwealth. The Queen is also the monarch of 16 members of the Commonwealth, the other Commonwealth members have different heads of state,31 members are republics and five are monarchies with a different monarch. Member states have no obligation to one another. Instead, they are united by language, history, culture and their values of democracy, free speech, human rights. These values are enshrined in the Commonwealth Charter and promoted by the quadrennial Commonwealth Games, the Commonwealth covers more than 29,958,050 km2, 20% of the worlds land area, and spans all six inhabited continents. She declared, So, it marks the beginning of that free association of independent states which is now known as the Commonwealth of Nations. As long ago as 1884, however, Lord Rosebery, while visiting Australia, had described the changing British Empire—as some of its colonies became more independent—as a Commonwealth of Nations. Conferences of British and colonial prime ministers occurred periodically from the first one in 1887, the Commonwealth developed from the imperial conferences. Newfoundland never did, as on 16 February 1934, with the consent of its parliament, Newfoundland later joined Canada as its 10th province in 1949. Australia and New Zealand ratified the Statute in 1942 and 1947 respectively, after World War II ended, the British Empire was gradually dismantled. Most of its components have become independent countries, whether Commonwealth realms or republics, there remain the 14 British overseas territories still held by the United Kingdom. In April 1949, following the London Declaration, the word British was dropped from the title of the Commonwealth to reflect its changing nature, burma and Aden are the only states that were British colonies at the time of the war not to have joined the Commonwealth upon independence. Hoped for success was reinforced by such achievements as climbing Mount Everest in 1953, breaking the four minute mile in 1954, however, the humiliation of the Suez Crisis of 1956 badly hurt morale of Britain and the Commonwealth as a whole. More broadly, there was the loss of a role of the British Empire. That role was no longer militarily or financially feasible, as Britains withdrawal from Greece in 1947 painfully demonstrated, Britain itself was now just one part of the NATO military alliance in which the Commonwealth had no role apart from Canada
5.
Barrister
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A barrister is a type of lawyer in common law jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation and their tasks include taking cases in superior courts and tribunals, drafting legal pleadings, researching the philosophy, hypothesis and history of law, and giving expert legal opinions. Often, barristers are also recognised as legal scholars, Barristers are distinguished from solicitors, who have more direct access to clients, and may do transactional-type legal work. It is mainly barristers who are appointed as judges, and they are hired by clients directly. In England and Wales, barristers may seek authorisation from the Bar Standards Board to conduct litigation and this allows a barrister to practise in a dual capacity, fulfilling the role of both barrister and solicitor. A barrister, who can be considered as a jurist, is a lawyer who represents a litigant as advocate before a court of appropriate jurisdiction, a barrister speaks in court and presents the case before a judge or jury. In some jurisdictions, a barrister receives additional training in law, ethics. In contrast, a solicitor generally meets with clients, does preparatory and administrative work, in this role, he or she may draft and review legal documents, interact with the client as necessary, prepare evidence, and generally manage the day-to-day administration of a lawsuit. Barristers usually have particular knowledge of law, precedent. When a solicitor in general practice is confronted with a point of law. In most countries, barristers operate as sole practitioners, and are prohibited from forming partnerships or from working as a barrister as part of a corporation, however, barristers normally band together into chambers to share clerks and operating expenses. Some chambers grow to be large and sophisticated, and have a corporate feel. In some jurisdictions, they may be employed by firms of solicitors, banks, in contrast, solicitors and attorneys work directly with the clients and are responsible for engaging a barrister with the appropriate expertise for the case. Barristers generally have little or no contact with their lay clients. All correspondence, inquiries, invoices, and so on, will be addressed to the solicitor, in court, barristers are often visibly distinguished from solicitors by their apparel. For example, in Ireland, England, and Wales, a barrister usually wears a wig, stiff collar, bands. Since January 2008, solicitor advocates have also been entitled to wear wigs, in many countries the traditional divisions between barristers and solicitors are breaking down. Barristers once enjoyed a monopoly on appearances before the courts, but in Great Britain this has now been abolished
6.
Advocate
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An advocate is a type of professional person in several different legal systems and it is also a commonly used honorific for remarkable lawyers, such as in Adv. The broad equivalent in many English law-based jurisdictions can be a barrister, Advocates, who formed the senior branch of the legal profession in their field, were Doctors of Law of the Oxford, Cambridge, or Dublin and Fellows of the Society of Doctors Commons. Advocates lost their rights of audience in probate and divorce cases when the Crown took these matters over from the church in 1857. The Society of Advocates was never formally wound up, but its building was sold off in 1865, barristers were admitted to the Court of Arches of the Church of England in 1867. More recently, Solicitor Advocates have also allowed to play this role. Advocates are the only lawyers with rights of audience in the courts of the Isle of Man, in court, advocates wear a horsehair wig, stiff collar, bands and a gown in the same way as barristers do elsewhere. It is then necessary to obtain a professional qualification such as the Bar Professional Training Course or the Legal Practice Course. It is not, however, necessary actually to be admitted as an English barrister or solicitor to train as an advocate. Foreign lawyers who have registered as legal practitioners in the Isle of Man for a certain period of time may also undertake a shorter period of training. The examinations are rigorous and candidates are limited to three attempts to pass each paper, the professional conduct of advocates is regulated by the Isle of Man Law Society, which also maintains a library for its members in Douglas. While advocates in the Isle of Man have not traditionally prefixed their names with Advocate in the Channel Islands manner, Advocates are regulated by the Faculty of Advocates in Edinburgh. The Faculty of Advocates has about 750 members, of whom about 460 are in private practice, the Faculty is headed by the Dean of the Faculty who, along with the Vice-Dean, Treasurer, Clerk are elected annually by secret ballot. The Faculty has a company, Faculty Services Ltd, to which almost all advocates belong. This gives a guarantee to all newly called advocates of a place and it remains the case that advocates are not permitted to sue for their fees, as they have no contractual relationship with their instructing solicitor or with the client. Advocates wear wigs, white bow-ties, straps and gowns as dress in court, the process of becoming an advocate is referred to as devilling. All Intrants will be Scottish solicitors, i. e, a devils competence in a number of aspects of written and oral advocacy is assessed during devilling, and if a devil is assessed as not competent, he or she will not be admitted to the Faculty. Further details of this process can be found in the assessment section, there are exceptions for lawyers who are qualified in other European jurisdictions, but all must take the training course as devils. Until 2007, a number of young European lawyers were given a placement with advocates under the European Young Lawyers Scheme organised by the British Council and they are known as Eurodevils, in distinction to the Scottish devils
7.
Solicitor
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A solicitor is a legal practitioner who traditionally deals with most of the legal matters in some jurisdictions. A person must have legally-defined qualifications, which vary from one jurisdiction to another, to be described as a solicitor, for example, in England and Wales a solicitor is admitted to practise under the provisions of the Solicitors Act 1974. With some exceptions, practising solicitors must possess a practising certificate, there are many more solicitors than barristers in England, they undertake the general aspects of giving legal advice and conducting legal proceedings. Some legal graduates will start off as one and then qualify as the other. Since the replacement of the aspect of the House of Lords with the Supreme Court the full title of a solicitor is Solicitor of the Senior Courts of England. The term attorney is still used under English law to refer to someone legally appointed or empowered to act for another person. Currently, the term is most commonly used to refer to someone so appointed under a power of attorney, practitioners in specialist professions, notably intellectual property, are also referred to as attorneys, for example Registered Patent Attorney or Registered Trade Mark Attorney. Minor criminal cases are tried in Magistrates Courts, which constitute by far the majority of courts, more serious criminal cases still start in the Magistrates Court and may then be transferred to a higher court. The majority of cases are tried in county courts and are almost always handled by solicitors. In the past, barristers did not deal with the public directly and this rigid separation no longer applies. Solicitor advocates with extended rights of audience may now act as advocates at all levels of the courts, conversely, the public may now hire and interact with a barrister directly in certain types of work without having to go to a solicitor first. Registered Patent Attorneys and Registered Trade Mark Attorneys also have rights of audience in intellectual property matters, Solicitors in England and Wales who wish to practise must pay an annual fee to obtain a Practising Certificate. This fee is paid to the Law Society of England and Wales, the Solicitors Regulation Authority, though funded by these fees, acts independently of the Law Society. Together, the two make up the complete system of professional regulation for solicitors. Complaints about solicitors if not satisfactorily resolved by the firm may be made to the Legal Ombudsman. The training and qualification required to enter the profession by being admitted as a solicitor is regulated by the Solicitors Regulation Authority, there are two graduate routes of entry into the profession. Prospective solicitors holding a law degree proceed to enroll with the Law Society as a student member. Those holding a degree but one which is a qualifying degree must in addition have completed a conversion course prior to enrolling on the Legal Practice Course
8.
England
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England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west, the Irish Sea lies northwest of England and the Celtic Sea lies to the southwest. England is separated from continental Europe by the North Sea to the east, the country covers five-eighths of the island of Great Britain in its centre and south, and includes over 100 smaller islands such as the Isles of Scilly, and the Isle of Wight. England became a state in the 10th century, and since the Age of Discovery. The Industrial Revolution began in 18th-century England, transforming its society into the worlds first industrialised nation, Englands terrain mostly comprises low hills and plains, especially in central and southern England. However, there are uplands in the north and in the southwest, the capital is London, which is the largest metropolitan area in both the United Kingdom and the European Union. In 1801, Great Britain was united with the Kingdom of Ireland through another Act of Union to become the United Kingdom of Great Britain and Ireland. In 1922 the Irish Free State seceded from the United Kingdom, leading to the latter being renamed the United Kingdom of Great Britain, the name England is derived from the Old English name Englaland, which means land of the Angles. The Angles were one of the Germanic tribes that settled in Great Britain during the Early Middle Ages, the Angles came from the Angeln peninsula in the Bay of Kiel area of the Baltic Sea. The earliest recorded use of the term, as Engla londe, is in the ninth century translation into Old English of Bedes Ecclesiastical History of the English People. According to the Oxford English Dictionary, its spelling was first used in 1538. The earliest attested reference to the Angles occurs in the 1st-century work by Tacitus, Germania, the etymology of the tribal name itself is disputed by scholars, it has been suggested that it derives from the shape of the Angeln peninsula, an angular shape. An alternative name for England is Albion, the name Albion originally referred to the entire island of Great Britain. The nominally earliest record of the name appears in the Aristotelian Corpus, specifically the 4th century BC De Mundo, in it are two very large islands called Britannia, these are Albion and Ierne. But modern scholarly consensus ascribes De Mundo not to Aristotle but to Pseudo-Aristotle, the word Albion or insula Albionum has two possible origins. Albion is now applied to England in a poetic capacity. Another romantic name for England is Loegria, related to the Welsh word for England, Lloegr, the earliest known evidence of human presence in the area now known as England was that of Homo antecessor, dating to approximately 780,000 years ago. The oldest proto-human bones discovered in England date from 500,000 years ago, Modern humans are known to have inhabited the area during the Upper Paleolithic period, though permanent settlements were only established within the last 6,000 years
9.
Inns of Court
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The Inns of Court in London are the professional associations for barristers in England and Wales. All barristers must belong to one such association and they have supervisory and disciplinary functions over their members. The Inns also provide libraries, dining facilities and professional accommodation, several centuries ago the Inns of Court were any of a sizable number of buildings or precincts where barristers traditionally lodged, trained and carried on their profession. The records of Grays Inn begin in 1569, but teaching is thought to have there in the late fourteenth century. The Inns are near the boundary of the City of London, nearby are the Royal Courts of Justice. Each Inn is a complex with a great hall, chapel, libraries, sets of chambers for many hundreds of barristers, and gardens. The layout is similar to that of an Oxbridge college, the chambers were originally used as residences as well as business premises by many of the barristers, but today, with a small number of exceptions, they serve as offices only. Each of the four Inns of Court has three grades of membership, students, barristers, and Masters of the Bench or benchers. The benchers constitute the body for each Inn and appoint new members from among existing barrister members. As a rule, any member of the Inn is eligible for appointment. Prospective students may choose which Inn to apply to for membership, an applicant may choose a particular Inn because he or she knows someone already a member, or it has a student association at their university. It makes no difference which Inn a barrister joins. The senior bencher of each Inn is the Treasurer, a position which is held for one year only, each Inn usually also has at least one Royal Bencher. They may also appoint Honorary Benchers, from academics, the world of politics, all prospective Bar School students must be a member of one of the four Inns, and must attend twelve qualifying sessions before being eligible to qualify as a barrister. Qualifying sessions traditionally comprise formal dinners followed by law-related talks, the Inns still retain the sole right to call qualified students to the bar, a right currently found in section 207 of the Legal Services Act 2007. The Inns disciplinary functions are carried out by a joint Council of the Inns of Court, barristers are prosecuted by the Bar Standards Board. The four Inns are near one another in central London, middle Temple and Inner Temple are liberties of the City of London, which means they are within the historic boundaries of the City but are not subject to its jurisdiction. They operate as their own local authorities and these two Inns neighbour each other and occupy the core of the Temple area
10.
Bencher
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A bencher or Master of the Bench is a senior member of an Inn of Court in England and Wales and Ireland. Benchers hold office for life once elected, a bencher can be elected while still a barrister, in recognition of the contribution that the barrister has made to the life of the Inn or to the law. Others become benchers as a matter of course when appointed as a High Court judge, one member of each Inn is the Treasurer, a position which is held for one year only. While succession to the post of Treasurer was once dependent purely on seniority, historically, the most junior student barristers were only permitted to watch moot court trials and stood within the bar of the moot courtroom. More qualified barristers were permitted to join the argument and stood outside the bar, the most senior barristers were permitted to sit on the bench at moots. This third class of barristers became known as Benchers or Masters of the Bench, the practices and regulations vary from Inn to Inn, but the benchers are the ultimate governing body of the relevant Inn. The benchers govern the finances of the Inn, and they alone have the authority to admit students, to students to the Bar. Today, the benchers of the four Inns have common standards agreed with the Bar Council and they have the formal power to discipline members of their Inn by suspending or expelling them from membership of the Inn, and by disbarring them. Disciplinary functions are now shared with the Council of the Inns of Court, the terms bencher and treasurer are in use by the legal profession in Canada. A bencher in the Canadian context is an elected by their fellows to the board of directors of their respective law society. Paralegals are also elected as benchers, in those provinces where law societies govern their profession, Bench Crossbencher Halsburys Laws of England, Barristers, para.431 Legal profession to 1850 from Inner Temple Benchers at Lincolns Inn
11.
Symbol
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A symbol is a mark, sign, or word that indicates, signifies, or is understood as representing an idea, object, or relationship. Symbols allow people to go beyond what is known or seen by creating linkages between otherwise very different concepts and experiences, all communication is achieved through the use of symbols. Symbols take the form of words, sounds, gestures, ideas or visual images and are used to other ideas. For example, a red octagon may be a symbol for STOP, on a map, a blue line might represent a river. Alphabetic letters may be symbols for sounds, personal names are symbols representing individuals. A red rose may symbolize love and compassion, the variable x, in a mathematical equation, may symbolize the position of a particle in space. In cartography, a collection of symbols forms a legend for a map The word derives from the Greek symbolon meaning token or watchword. It is an amalgam of syn- together + bole a throwing, a casting, the sense evolution in Greek is from throwing things together to contrasting to comparing to token used in comparisons to determine if something is genuine. The meaning something which stands for something else was first recorded in 1590, later, expanding on what he means by this definition Campbell says, a symbol, like everything else, shows a double aspect. We must distinguish, therefore between the sense and the meaning of the symbol. The term meaning can only to the first two but these, today, are in the charge of science – which is the province as we have said, not of symbols. The ineffable, the unknowable, can be only sensed. Heinrich Zimmer gives an overview of the nature, and perennial relevance. Concepts and words are symbols, just as visions, rituals, through all of these a transcendent reality is mirrored. They are so many metaphors reflecting and implying something which, though thus variously expressed, is ineffable, though thus rendered multiform, Symbols hold the mind to truth but are not themselves the truth, hence it is delusory to borrow them. Each civilisation, every age, must bring forth its own, in the book Signs and Symbols, it is stated that A symbol. Is a visual image or sign representing an idea -- a deeper indicator of a universal truth, Symbols are a means of complex communication that often can have multiple levels of meaning. This separates symbols from signs, as signs have only one meaning, human cultures use symbols to express specific ideologies and social structures and to represent aspects of their specific culture
12.
Criminal law
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Criminal law is the body of law that relates to crime. It regulates social conduct and proscribes whatever is threatening, harmful, or otherwise endangering to the property, health, safety and it includes the punishment of people who violate these laws. Criminal law varies according to jurisdiction, and differs from civil law, the first civilizations generally did not distinguish between civil law and criminal law. The first written codes of law were designed by the Sumerians, another important early code was the Code Hammurabi, which formed the core of Babylonian law. Only fragments of the criminal laws of Ancient Greece have survived, e. g. those of Solon. In Roman law, Gaiuss Commentaries on the Twelve Tables also conflated the civil and criminal aspects, assault and violent robbery were analogized to trespass as to property. Breach of such laws created an obligation of law or vinculum juris discharged by payment of compensation or damages. The criminal law of imperial Rome is collected in Books 47–48 of the Digest, the first signs of the modern distinction between crimes and civil matters emerged during the Norman Invasion of England. The development of the state dispensing justice in a court clearly emerged in the century when European countries began maintaining police services. From this point, criminal law had formalized the mechanisms for enforcement, Criminal law is distinctive for the uniquely serious potential consequences or sanctions for failure to abide by its rules. Every crime is composed of criminal elements, capital punishment may be imposed in some jurisdictions for the most serious crimes. Physical or corporal punishment may be imposed such as whipping or caning, individuals may be incarcerated in prison or jail in a variety of conditions depending on the jurisdiction. Length of incarceration may vary from a day to life, government supervision may be imposed, including house arrest, and convicts may be required to conform to particularized guidelines as part of a parole or probation regimen. Fines also may be imposed, seizing money or property from a convicted of a crime. Five objectives are widely accepted for enforcement of the law by punishments, retribution, deterrence. Jurisdictions differ on the value to be placed on each, retribution – Criminals ought to Be Punished in some way. This is the most widely seen goal, Criminals have taken improper advantage, or inflicted unfair detriment, upon others and consequently, the criminal law will put criminals at some unpleasant disadvantage to balance the scales. People submit to the law to receive the right not to be murdered and if people contravene these laws, thus, one who murders may be executed himself
13.
Barristers in England and Wales
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Barristers in England and Wales are one of the two main categories of lawyer in England and Wales, the other being solicitors. Barristers have traditionally had the role of handling cases for representation in court, the work of senior legal professionals in England and Wales is divided between solicitors and barristers. Both are trained in law but serve differing functions in the practice of law, historically, the superior courts were based in London, the capital city. To dispense justice throughout the country, a judge and court personnel would periodically travel a circuit to deal with cases that had arisen there. Some would go on circuit with the court to act on behalf of those requiring representation, by contrast, solicitors were essentially local to one place, whether London or a provincial town. Likewise, it became either useful or normal to engage an appropriate barrister when highly specialist advice was required, many barristers have largely paper practices and rarely or never make court appearances. Historically, practising at the bar was a more socially prestigious profession than working as a solicitor, many leading eighteenth and nineteenth-century politicians were barristers, few were solicitors. In the 20th century, solicitors closed the gap greatly, especially in terms of earnings and these differences have been eroded by recent deliberate changes, although in many fields of legal practice, the distinction is largely retained in practice. Barristers have full rights of audience to appear in all courts, solicitors, on the other hand, have traditionally been able to appear only as advocates in the lower courts and tribunals. The bulk of work continues to be handled by solicitors. Solicitors who attain these rights are known as solicitor-advocates, not only is this division traditional, in higher-value civil or more serious criminal cases, it is often tactically imperative to engage a specialist advocate. Until 2004, barristers were prohibited from seeking or accepting instructions directly by the clients whom they represent, the involvement of a solicitor was compulsory. Theoretically, this prohibition has been removed, in certain areas, barristers may now accept instructions from a client directly. Only a solicitor, however, may undertake any work that requires funds to be held on behalf of a client and this is known as the cab-rank rule, since the same rule applies to licensed taxi-cabs. Modifying conditions include that the barrister is available to take the case, a barrister who specialises in, for example, crime is not obliged to take on employment law work if he is offered it. He is entitled to reject a case which he feels is too complicated for him to deal with properly, barristers work in two main contexts, in self-employed practice or in employed practice. Most barristers are in self-employed practice, but operate within the framework of a set of Chambers. Under a tenancy agreement, they pay a certain amount per month or a percentage of their incomes, or a mixture of the two, to their chambers, which provides accommodation and clerical support
14.
Practice of law
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However, there is a substantial amount of overlap between the practice of law and various other professions where clients are represented by agents. These professions include real estate, banking, accounting, and insurance, moreover, a growing number of legal document assistants are offering services which have traditionally been offered only by lawyers and their employee paralegals. Many documents may now be created by computer-assisted drafting libraries, where the clients are asked a series of questions that are posed by the software in order to construct the legal documents. In the United States, the practice of law is conditioned upon admission to practice of law, Unauthorized practice of law is an act sometimes prohibited by statute, regulation, or court rules. The definition of unauthorized practice of law is variable, and is often conclusory and tautological, there is some agreement that appearing in a legally constituted court in a legal proceeding to represent clients is considered to be unauthorized practice of law. But other variations are subject to interpretation and conflicting regulation, particularly as to the scope and breadth of the prohibition. Blacks Law Dictionary defines unauthorized practice of law as The practice of law by a person, typically a nonlawyer, certain activities, such as the representation of another person in litigation, are generally proscribed. Even in that area, many jurisdictions recognize exceptions for such matters as small-claims and landlord-tenant tribunals, moreover, many jurisdictions have authorized law students and others not locally admitted to represent indigent persons or others as part of clinical legal education programs. What is more controversial is out-of-court activities, particularly drafting of documents and giving advice, some states have defined the practice of law to include those who appear as a representative in arbitration or act as arbitrators in disputes. For example, there is a conflict between the multijurisdictional practice of law in arbitration proceedings in the financial service industry and state regulation of lawyers. With a few exceptions, the rule is that an appearance at an arbitration does not constitute the practice of law. The United States bankruptcy court for the Eastern District of Tennessee has held that clients with explanations or definitions of such legal terms of art. Is, by itself, giving legal advice, texas law generally prohibits a person who is not an attorney from representing a client in a personal injury or property damage matter, and punishes a violation as a misdemeanor. Some states also criminalize the separate behavior of falsely claiming to be lawyer, criminal laws and enforcement of Unauthorized Practice of Law statutes is the organized bars preferred method. In Florida, the practice of law is a third degree felony. In a 2015 survey by the American Bar Association, Florida had the largest budget—$1.8 million—nationwide for prosecuting the unauthorized practice of law, the judge observed that the legal profession is “a cartel of providers of services relating to society’s laws” which cartels focus is to restrict entry. Modern economists call it rent seeking, but throughout recorded history, skilled crafts, the practice of law was not formally regulated in Arizona for a time. However, the Arizona Supreme Court found independent inherent authority to regulate the practice of law, arizonas statute criminalizing unauthorized practice of law was allowed to lapse from a sunset law in 1985
15.
Law school
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A law school is an institution specializing in legal education, usually involved as part of a process for becoming a lawyer within a given jurisdiction. Nowadays the legal education consists in a 5-year-long course in which, afterwards, the practice of law is conditioned upon admission to the bar of a particular state or other territorial jurisdiction. Public attorneys, public prossecutors and magistrates admission is made, mainly, through an entrance examination and a constitutional mandatory three years of legal experience. The postgraduation, stricto sensu, consists in a, a) master´s degree, which is usually a two-year degree, and a b) doctorate´s degree, which can take up another four years. The typical law degree required to practice law in Canada is now the Juris Doctor, there is some scholarly content in the coursework. The programs consist of three years, and have content in their mandatory first year courses. Some schools, however, have not switched from LL. B. to the J. D. – one notable university that still awards the LL. B is McGill University. Given that the Canadian legal system includes both the French civil law and the Anglo-American common law, some law schools offer both an LL. B. or J. D. and a B. C. L. LL. L. or LL. B. degree, such as McGill University, University of Ottawa, in particular, McGill University Faculty of Law offers a combined civil law and common law program, which has been called transsystemic. At other faculties, if a person completes a common law degree and this is also true for civil law graduates who wish to complete a common law degree. Despite changes in designation, schools opting for the J. D. have not altered their curricula, neither the J. D. or LL. B. and the École du Barreau du Québec. In France, the education is a three tier system. The student may study for a LLB, then a LLM and, for those interested in Law theory, many French universities offers Law courses in department labelled as Research and Education Units and/or Faculties of Law or Law Schools. Law Degree in Indonesia consists of three tier systems, the first tier is the Degree of which carries the title of Sarjana Hukum/S. H. This can be obtained in 4–7 years after they enter Law School straight from Senior High School, the second tier varies depending on the legal specialties taken after the first tier. The general title for this tier is Magister Hukum / M. H, although it is also common to see other title for secondary tier such as Magister Kenotariatan / M. Kn. for Notarial professionals line of work. The second tier can be obtained normally in 1-2 year, the third tier in Indonesian Law Degree is Doctor / DR. To work in legal professions of choice in Indonesia, a Bachelor Law Degree is obligatory, graduates can pursue their career as Legal in-house counsel, Judge profession, Public Prosecutor, other legal-related work and Advocate
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Apprenticeship
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An apprenticeship is a system of training a new generation of practitioners of a trade or profession with on-the-job training and often some accompanying study. Apprenticeship also enables practitioners to gain a license to practice in a regulated profession, Apprenticeships typically last 3 to 7 years. People who successfully complete an apprenticeship reach the journeyman or professional level of competence. In early modern usage, the clipped form prentice was common, the system of apprenticeship first developed in the later Middle Ages and came to be supervised by craft guilds and town governments. A master craftsman was entitled to employ young people as a form of labour in exchange for providing food, lodging. Most apprentices were males, but female apprentices were found in such as seamstress, tailor. Apprentices usually began at ten to fifteen years of age, in Coventry those completing seven-year apprenticeships with stuff merchants were entitled to become freemen of the city. Subsequently, governmental regulation and the licensing of technical colleges and vocational education formalized and bureaucratized the details of apprenticeship, Australian Apprenticeships encompass all apprenticeships and traineeships. They cover all sectors in Australia and are used to achieve both entry-level and career upskilling objectives. There were 470,000 Australian Apprentices in-training as at 31 March 2012, Australian Government employer and employee incentives may be applicable, while State and Territory Governments may provide public funding support for the training element of the initiative. Australian Apprenticeships combine time at work with formal training and can be full-time, part-time or school-based, Australian Apprentice and Traineeship services are dedicated to promoting retention, therefore much effort is made to match applicants with the right apprenticeship or traineeship. This is done with the aid of aptitude tests, tips, information and resources on potential apprenticeship and traineeship occupations are available in over sixty industries. The distinction between the terms apprentices and trainees lies mainly around traditional trades and the time it takes to gain a qualification, Australia also has a fairly unusual safety net in place for businesses and Australian Apprentices with its Group Training scheme. It is a safety net, because the Group Training Organisation is the employer and provides continuity of employment and it lasts two to four years – the duration varies among the 250 legally recognized apprenticeship trades. About 40 percent of all Austrian teenagers enter apprenticeship training upon completion of compulsory education and this number has been stable since the 1950s. The five most popular trades are, Retail Salesperson, Clerk, Car Mechanic, Hairdresser, there are many smaller trades with small numbers of apprentices, like EDV-Systemtechniker which is completed by fewer than 100 people a year. The Apprenticeship Leave Certificate provides the apprentice with access to two different vocational careers, the person responsible for overseeing the training inside the company is called Lehrherr or Ausbilder. An Ausbilder must prove he has the qualifications needed to educate another person
17.
Nova Scotia
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Nova Scotia is one of Canadas three Maritime provinces, and one of the four provinces which form Atlantic Canada. Nova Scotia is Canadas second-smallest province, with an area of 55,284 square kilometres, including Cape Breton, as of 2016, the population was 923,598. Nova Scotia is the second most-densely populated province in Canada with 17.4 inhabitants per square kilometre, Nova Scotia means New Scotland in Latin and is the recognized English language name for the province. In Scottish Gaelic, the province is called Alba Nuadh, which simply means New Scotland. Nova Scotia is Canadas second-smallest province in area after Prince Edward Island, the provinces mainland is the Nova Scotia peninsula surrounded by the Atlantic Ocean, including numerous bays and estuaries. Nowhere in Nova Scotia is more than 67 km from the ocean, Nova Scotia has many ancient fossil-bearing rock formations. These formations are rich on the Bay of Fundys shores. Blue Beach near Hantsport, Joggins Fossil Cliffs, on the Bay of Fundys shores, has yielded an abundance of Carboniferous age fossils, wassons Bluff, near the town of Parrsboro, has yielded both Triassic and Jurassic age fossils. Nova Scotia lies in the mid-temperate zone, since the province is almost surrounded by the sea, the climate is closer to maritime than to continental climate. The winter and summer temperature extremes of the climate are moderated by the ocean. However, winters are cold enough to be classified as continental – still being nearer the freezing point than inland areas to the west. The Nova Scotia climate is in ways similar to the central Baltic Sea coast in Northern Europe. This is in spite of Nova Scotia being some fifteen parallels south, areas not on the Atlantic coast experience warmer summers more typical of inland areas, and winter lows a little colder. The province includes regions of the Mikmaq nation of Mikmaki, the Mikmaq people inhabited Nova Scotia at the time the first European colonists arrived. In 1605, French colonists established the first permanent European settlement in the future Canada at Port Royal, the British conquest of Acadia took place in 1710. The Treaty of Utrecht in 1713 formally recognized this and returned Cape Breton Island to the French, present-day New Brunswick then still formed a part of the French colony of Acadia. The British changed the name of the capital from Port Royal to Annapolis Royal, in 1749, the capital of Nova Scotia moved from Annapolis Royal to the newly established Halifax. In 1755 the vast majority of the French population were removed in the Expulsion of the Acadians
18.
Quebec
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Quebec is the second-most populous province of Canada and the only one to have a predominantly French-speaking population, with French as the sole provincial official language. Quebec is Canadas largest province by area and its second-largest administrative division and it also shares maritime borders with Nunavut, Prince Edward Island, and Nova Scotia. Quebec is Canadas second-most populous province, after Ontario, most inhabitants live in urban areas near the Saint Lawrence River between Montreal and Quebec City, the capital. Approximately half of Quebec residents live in the Greater Montreal Area, the Nord-du-Québec region, occupying the northern half of the province, is sparsely populated and inhabited primarily by Aboriginal peoples. Even in central Quebec at comparatively southerly latitudes winters are severe in inland areas, Quebec independence debates have played a large role in the politics of the province. Parti Québécois governments held referendums on sovereignty in 1980 and 1995, in 2006, the House of Commons of Canada passed a symbolic motion recognizing the Québécois as a nation within a united Canada. These many industries have all contributed to helping Quebec become an economically influential province within Canada, early variations in the spelling of the name included Québecq and Kébec. French explorer Samuel de Champlain chose the name Québec in 1608 for the colonial outpost he would use as the seat for the French colony of New France. The province is sometimes referred to as La belle province, the Province of Quebec was founded in the Royal Proclamation of 1763 after the Treaty of Paris formally transferred the French colony of Canada to Britain after the Seven Years War. The proclamation restricted the province to an area along the banks of the Saint Lawrence River, the Treaty of Versailles ceded territories south of the Great Lakes to the United States. After the Constitutional Act of 1791, the territory was divided between Lower Canada and Upper Canada, with each being granted an elected legislative assembly, in 1840, these become Canada East and Canada West after the British Parliament unified Upper and Lower Canada into the Province of Canada. This territory was redivided into the Provinces of Quebec and Ontario at Confederation in 1867, each became one of the first four provinces. In 1898, the Canadian Parliament passed the first Quebec Boundary Extension Act that expanded the provincial boundaries northward to include the lands of the aboriginal peoples. This was followed by the addition of the District of Ungava through the Quebec Boundaries Extension Act of 1912 that added the northernmost lands of the Inuit to create the modern Province of Quebec. In 1927, the border between Quebec and Newfoundland and Labrador was established by the British Judicial Committee of the Privy Council. Located in the part of Canada, and part of Central Canada. Its topography is very different from one region to another due to the composition of the ground, the climate. The Saint Lawrence Lowland and the Canadian Shield are the two main regions, and are radically different
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India
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India, officially the Republic of India, is a country in South Asia. It is the seventh-largest country by area, the second-most populous country, and it is bounded by the Indian Ocean on the south, the Arabian Sea on the southwest, and the Bay of Bengal on the southeast. It shares land borders with Pakistan to the west, China, Nepal, and Bhutan to the northeast, in the Indian Ocean, India is in the vicinity of Sri Lanka and the Maldives. Indias Andaman and Nicobar Islands share a border with Thailand. The Indian subcontinent was home to the urban Indus Valley Civilisation of the 3rd millennium BCE, in the following millennium, the oldest scriptures associated with Hinduism began to be composed. Social stratification, based on caste, emerged in the first millennium BCE, early political consolidations took place under the Maurya and Gupta empires, the later peninsular Middle Kingdoms influenced cultures as far as southeast Asia. In the medieval era, Judaism, Zoroastrianism, Christianity, and Islam arrived, much of the north fell to the Delhi sultanate, the south was united under the Vijayanagara Empire. The economy expanded in the 17th century in the Mughal empire, in the mid-18th century, the subcontinent came under British East India Company rule, and in the mid-19th under British crown rule. A nationalist movement emerged in the late 19th century, which later, under Mahatma Gandhi, was noted for nonviolent resistance, in 2015, the Indian economy was the worlds seventh largest by nominal GDP and third largest by purchasing power parity. Following market-based economic reforms in 1991, India became one of the major economies and is considered a newly industrialised country. However, it continues to face the challenges of poverty, corruption, malnutrition, a nuclear weapons state and regional power, it has the third largest standing army in the world and ranks sixth in military expenditure among nations. India is a constitutional republic governed under a parliamentary system. It is a pluralistic, multilingual and multi-ethnic society and is home to a diversity of wildlife in a variety of protected habitats. The name India is derived from Indus, which originates from the Old Persian word Hindu, the latter term stems from the Sanskrit word Sindhu, which was the historical local appellation for the Indus River. The ancient Greeks referred to the Indians as Indoi, which translates as The people of the Indus, the geographical term Bharat, which is recognised by the Constitution of India as an official name for the country, is used by many Indian languages in its variations. Scholars believe it to be named after the Vedic tribe of Bharatas in the second millennium B. C. E and it is also traditionally associated with the rule of the legendary emperor Bharata. Gaṇarājya is the Sanskrit/Hindi term for republic dating back to the ancient times, hindustan is a Persian name for India dating back to the 3rd century B. C. E. It was introduced into India by the Mughals and widely used since then and its meaning varied, referring to a region that encompassed northern India and Pakistan or India in its entirety
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Bar Council of India
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The Bar Council of India is a statutory body established under the section 4 of advocates Act 1961 that regulates the legal practice and legal education in India. Its members are elected from amongst the lawyers in India and as such represents the Indian bar and it prescribes standards of professional conduct, etiquettes and exercises disciplinary jurisdiction over the bar. It also sets standards for education and grants recognition to Universities whose degree in law will serve as a qualification for students to enroll themselves as advocates upon graduation. In March 1953, the All India Bar Committee, headed by S. R. Das, submitted a report proposed the creation of a bar council for each state. It was suggested that the all India bar council should regulate the legal profession, the Law Commission of India was assigned the job of assembling a report on judicial administration reforms. In 1961, the Advocates Act was introduced to implement the recommendations made by the All India Bar Committee, setalvad and C. K. Daphtary were the first chairman and vice chairman respectively. In 1963, C. K. Daphtary became the Chairman, Section 7 of the Advocates Act,1961 lays down the Bar Council’s regulatory and representative mandate. The functions of the Bar Council are to, Lay down standards of professional conduct, determine universities whose degree in law shall be a qualification for enrollment as an advocate. Conduct seminars on legal topics by eminent jurists and publish journals, organise and provide legal aid to the poor. Recognise foreign qualifications in law obtained outside India for admission as an advocate, manage and invest funds of the Bar Council. Provide for the election of its members who run the Bar Councils. Organise and provide aid to the scheduled cast. The members from the state bar councils are elected for a period of five years, the council elects its own Chairman and Vice-Chairman for a period of two years from amongst its members. Assisted by the committees of the Council, the chairman acts as the chief executive. Manan Kumar Mishra is the present Chairman and he was preceded by Biri Singh Sinsinewar, who was in turn preceded by the current Chairman, Manan Kumar Mishra. Eligible persons having a law degree are admitted as advocates on the rolls of the state bar Councils. The Advocates Act,1961 empowers state bar councils to frame their own rules regarding enrollment of advocates, the Council’s enrollment committee may scrutinise a candidate’s application. Those admitted as advocates by any state bar council are eligible to take the All India Bar Examination which is conducted by the Bar Council of India
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States of india
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India is a federal union comprising twenty-nine states and seven union territories. The states and union territories are further subdivided into districts and further into smaller administrative divisions, the Constitution of India distributes the sovereign executive and legislative powers exercisable with respect to the territory of any State between the Union and that State. The Indian subcontinent has been ruled by different ethnic groups throughout its history. Between 1947 and 1950, the territories of the states were politically integrated into the Indian Union. The new Constitution of India, which came into force on 26 January 1950, the new republic was also declared to be a Union of States. The nine Part A states were Assam, Bihar, Bombay, Madhya Pradesh, Madras, Orissa, Punjab, Uttar Pradesh, and West Bengal. The eight Part B states were former princely states or groups of states, governed by a rajpramukh, who was usually the ruler of a constituent state. The rajpramukh was appointed by the President of India, the Part B states were Hyderabad, Jammu and Kashmir, Madhya Bharat, Mysore, Patiala and East Punjab States Union, Rajasthan, Saurashtra, and Travancore-Cochin. The ten Part C states included both the former chief commissioners provinces and some states, and each was governed by a chief commissioner appointed by the President of India. The Part C states were Ajmer, Bhopal, Bilaspur, Coorg, Delhi, Himachal Pradesh, Cutch, Manipur, Tripura, the only Part D state was the Andaman and Nicobar Islands, which were administered by a lieutenant governor appointed by the central government. The Union Territory of Puducherry was created in 1954 comprising the previous French enclaves of Pondichéry, Karaikal, Yanam, Andhra State was created on 1 October 1953 from the Telugu-speaking northern districts of Madras State. The States Reorganisation Act of 1956 reorganised the states based on linguistic lines resulting in the creation of the new states, as a result of this act, Madras State retained its name with Kanyakumari district added to from Travancore-Cochin. Andhra Pradesh was created with the merger of Andhra State with the Telugu-speaking districts of Hyderabad State in 1956, kerala was created with the merger of Malabar district and the Kasaragod taluk of South Canara districts of Madras State with Travancore-Cochin. The Laccadive Islands which were divided between South Canara and Malabar districts of Madras State were united and organised into the territory of Lakshadweep. Bombay State was enlarged by the addition of Saurashtra State and Kutch State, Rajasthan and Punjab gained territories from Ajmer and Patiala and East Punjab States Union respectively and certain territories of Bihar was transferred to West Bengal. Bombay State was split into the states of Gujarat and Maharashtra on 1 May 1960 by the Bombay Reorganisation Act. Nagaland was formed on 1 December 1963, the Punjab Reorganisation Act of 1966 resulted in the creation of Haryana on 1 November and the transfer of the northern districts of Punjab to Himachal Pradesh. The act also designated Chandigarh as a territory and the shared capital of Punjab
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Punjab Bar Council
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The Punjab Bar Council is a deliberative assembly of lawyers in Punjab. It is established by Parliament of Pakistan and consists of 75 members elected from different constituencies of Punjab, Punjab Bar Council also sends one of its Member to Judicial Commission of Pakistan, who gives advice and vote for the appointment of Lahore High Court Judges. The council is largest Provincial Bar Council in Pakistan with more than 80,000 advocates as its License holders, all Bar associations of Punjab including Tehsil Bar Associations, District Bar Associations and High Court Bar Associations work under the Jurisdiction of Punjab Bar Council. Currently more than 124 Bar associations are working under Punjab Bar Council, the lawyers recognized by the Council can only represent clients in the all Branches of Lahore High Court, District Courts and Session Courts in Punjab, Pakistan. The Punjab Bar Council is based in Lahore, Pakistan, came into being as a result of the promulgation of the Legal Practitioners, the Council commenced functioning with effect from 1 January 1974. The Advocate General of the Punjab, acts as ex officio Chairman, power of Advocate General of Punjab is only limited to his role as returning officer of elections and in publishing the gazette. The Chairman Executive Committee is practically the most powerful office of Bar Council and is elected by the members of the Council in each year, Chairman Executive Committee has full authority to decide matters of Bar Council in every aspect. Vice Chairman is figurehead of Bar Council and Elected by the members of the Council in January each year, VC plays the role of speaker and is traditionally considered as holding the foremost elected position in the bar council. Under the Punjab Legal Practitioners and Bar Councils Rules 1974, Vice Chairman is ex officio Member of each Committee of Bar Council, Executive powers of the council are however rest with the Chairman of Executive Committee. Secretary is an officer of Grade 21, secretary works under the supervisory control of the Executive Committee of Punjab Bar Council. List of Law Schools approved by Punjab Bar Council Shah Dil Awan Official website
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Benjamin N. Cardozo
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Benjamin Nathan Cardozo was an American jurist who served on the New York Court of Appeals and later as an Associate Justice of the Supreme Court. Cardozo is remembered for his significant influence on the development of American common law in the 20th century, in addition to his philosophy, Cardozo served on the Supreme Court six years, from 1932 until his death in 1938. Many of his decisions were delivered during his eighteen-year tenure on the New York Court of Appeals. Cardozo was born in 1870 in New York City, the son of Rebecca Washington, both Cardozos maternal grandparents, Sara Seixas and Isaac Mendes Seixas Nathan, and his paternal grandparents, Ellen Hart and Michael H. The family were descended from Jewish-origin New Christian conversos who left the Iberian Peninsula for Holland during the Inquisition, Cardozo family tradition held that their marrano ancestors were from Portugal, although Cardozos ancestry has not been firmly traced to Portugal. However, Cardozo, Seixas and Mendes are the Portuguese, rather than Spanish, Benjamin Cardozo was a twin with his sister Emily. They had a total of four siblings, including a sister and brother. One of many cousins was the poet Emma Lazarus, another was the preacher, politician, Benjamin was named for his uncle, Benjamin Nathan, a vice president of the New York Stock Exchange and the victim of a noted famous unsolved murder case in 1870. Albert Cardozo, Benjamin Cardozos father, was a judge on the Supreme Court of New York until 1868, the scandal led to the creation of the Association of the Bar of the City of New York and his fathers resignation from the bench. After leaving the court, he practiced law for two decades more until his death in 1885. Rebecca Cardozo died in 1879 when Benjamin and Emily were young, the twins were raised during much of their childhood by their older sister Nell, who was 11 years older. One of Benjamins tutors was Horatio Alger, at age 15, Cardozo entered Columbia University where he was elected to Phi Beta Kappa, and then went on to Columbia Law School in 1889. Cardozo wanted to enter a profession that could materially aid himself and his siblings, when Cardozo entered Columbia Law School, the program was only two years long, in the midst of his studies, however, the faculty voted to extend the program to three years. Cardozo declined to stay for an year, and thus left law school without a law degree. He passed the bar in 1891 and began practicing law alongside his older brother. Benjamin Cardozo practiced law in New York City until 1914, in November 1913, Cardozo was narrowly elected to a 14-year term on the New York Supreme Court, taking office on January 1,1914. In February 1914, Cardozo was designated to the New York Court of Appeals under the Amendment of 1899, in 1926, he was elected, on both tickets again, to a 14-year term as Chief Judge. He took office on January 1,1927, and resigned on March 7,1932 to accept an appointment to the United States Supreme Court and his tenure was marked by a number of original rulings, in tort and contract law in particular
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Massachusetts Bar Association
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The Massachusetts Bar Association is a voluntary, non-profit bar association in Massachusetts with a headquarters on West Street in Bostons Downtown Crossing. The MBA also has a Western Massachusetts office, the purpose of the MBA is to serve the legal profession and the public by promoting the administration of justice, legal education, professional excellence and respect for the law. The MBA represents a group of attorneys, judges and legal professionals across the commonwealth. Any member of the Bar of the Commonwealth of Massachusetts in good standing may become a member of the Association, only members may vote and hold office in the Association. Membership dues vary depending on how long an attorney has practiced, with consideration given to particular areas of law
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Boston
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Boston is the capital and most populous city of the Commonwealth of Massachusetts in the United States. Boston is also the seat of Suffolk County, although the county government was disbanded on July 1,1999. The city proper covers 48 square miles with a population of 667,137 in 2015, making it the largest city in New England. Alternately, as a Combined Statistical Area, this wider commuting region is home to some 8.1 million people, One of the oldest cities in the United States, Boston was founded on the Shawmut Peninsula in 1630 by Puritan settlers from England. It was the scene of several key events of the American Revolution, such as the Boston Massacre, the Boston Tea Party, the Battle of Bunker Hill, and the Siege of Boston. Upon U. S. independence from Great Britain, it continued to be an important port and manufacturing hub as well as a center for education, through land reclamation and municipal annexation, Boston has expanded beyond the original peninsula. Its rich history attracts many tourists, with Faneuil Hall alone drawing over 20 million visitors per year, Bostons many firsts include the United States first public school, Boston Latin School, first subway system, the Tremont Street Subway, and first public park, Boston Common. Bostons economic base also includes finance, professional and business services, biotechnology, information technology, the city has one of the highest costs of living in the United States as it has undergone gentrification, though it remains high on world livability rankings. Bostons early European settlers had first called the area Trimountaine but later renamed it Boston after Boston, Lincolnshire, England, the renaming on September 7,1630 was by Puritan colonists from England who had moved over from Charlestown earlier that year in quest of fresh water. Their settlement was limited to the Shawmut Peninsula, at that time surrounded by the Massachusetts Bay and Charles River. The peninsula is thought to have been inhabited as early as 5000 BC, in 1629, the Massachusetts Bay Colonys first governor John Winthrop led the signing of the Cambridge Agreement, a key founding document of the city. Puritan ethics and their focus on education influenced its early history, over the next 130 years, the city participated in four French and Indian Wars, until the British defeated the French and their Indian allies in North America. Boston was the largest town in British America until Philadelphia grew larger in the mid-18th century, Bostons harbor activity was significantly curtailed by the Embargo Act of 1807 and the War of 1812. Foreign trade returned after these hostilities, but Bostons merchants had found alternatives for their investments in the interim. Manufacturing became an important component of the economy, and the citys industrial manufacturing overtook international trade in economic importance by the mid-19th century. Boston remained one of the nations largest manufacturing centers until the early 20th century, a network of small rivers bordering the city and connecting it to the surrounding region facilitated shipment of goods and led to a proliferation of mills and factories. Later, a network of railroads furthered the regions industry. Boston was a port of the Atlantic triangular slave trade in the New England colonies
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Admission to the bar in the United States
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Admission to the bar in the United States is the granting of permission by a particular court system to a lawyer to practice law in that system. Each U. S. state and similar jurisdiction has its own system and sets its own rules for bar admission. In most cases, a person who is admitted to the bar is thereby a member of the particular bar. In the canonical case, lawyers seeking admission must earn a Juris Doctor degree from a law approved by the jurisdiction. Typically, there is also a character and fitness evaluation, which includes a background check, however, there are exceptions to each of these requirements. A lawyer who is admitted in one state is not automatically allowed to practice in any other, some states have reciprocal agreements that allow attorneys from other states to practice without sitting for another full bar exam, such agreements differ significantly among the states. The use of the bar to mean the whole body of lawyers. In the early 16th century, a railing divided the hall in the Inns of Court, with students occupying the body of the hall, Students who officially became lawyers were called to the bar, crossing the symbolic physical barrier and thus admitted to the bar. Later, this was assumed to mean the wooden railing marking off the area around the judges seat in a courtroom, where prisoners stood for arraignment. The first bar exam in what is now the United States was instituted by Delaware Colony in 1763, the other American colonies soon followed suit. By the late 19th century, the examinations were administered by committees of attorneys, today, each state has its own rules which are the ultimate authority concerning admission to its bar. This test is not administered at the time as any U. S. bar exam. Most candidates usually sit for the MPRE while still in law school, right after studying professional responsibility, some states require that a candidate pass the MPRE before being allowed to sit for the bar exam. Connecticut and New Jersey waive the MPRE for candidates who have received a grade of C or better in a law school professional ethics class, pass a bar examination, usually administered by the state bar association or under the authority of the supreme court of the particular state. As of June 2015,16 jurisdictions have adopted the Uniform Bar Examination, missouri and North Dakota were the first two states to administer the UBE, doing so in February 2011. Since then, Alabama, Alaska, Arizona, Colorado, Idaho, Kansas, Minnesota, Montana, Nebraska, New Hampshire, New York, Utah, Washington, UBE jurisdictions are allowed to additionally test candidates knowledge of state-specific law, through either a test or course. Examinees have three hours to answer 100 questions in a session and the same for an afternoon session. The MBE is administered on the last Wednesday in February and July, the Multistate Essay Examination, a uniform though not standardized test that examines a candidates ability to analyze legal issues and communicate them effectively in writing
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State bar association
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A state bar association is a bar association that represents or seeks to represent the attorneys practicing law in a particular U. S. state. Mandatory bars derive their power from legislative statute and/or from the power of the court system to regulate practice before it. In the other states, membership in the bar associations is voluntary, in some states, a mandatory organization exists primarily for the purpose of regulating admission to practice, while a voluntary organization exists for other purposes. For example, in Virginia, the Virginia State Bar is the mandatory organization, there are many bar associations other than state bar associations. Usually these are organized by geography, area of practice, or affiliation, the rules of most state bar associations require members to complete Continuing Legal Education requirements. And also offer courses for lawyers in their area, with discounts to members of the bar association. A great many organizations offer CLE programs, including most or all state bar associations, list of State Bar Associations, courtesy Hieros Gamos
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Corporation
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A corporation is a company or group of people authorized to act as a single entity and recognized as such in law. Early incorporated entities were established by charter, most jurisdictions now allow the creation of new corporations through registration. Corporations chartered in regions where they are distinguished by whether they are allowed to be for profit or not are referred to as for profit and not-for-profit corporations, there is some overlap between stock/non-stock and for profit/not-for-profit in that not-for-profit corporations are always non-stock as well. A for profit corporation is almost always a stock corporation, registered corporations have legal personality and are owned by shareholders whose liability is limited to their investment. Shareholders do not typically actively manage a corporation, shareholders instead elect or appoint a board of directors to control the corporation in a fiduciary capacity, in American English, the word corporation is most often used to describe large business corporations. In British English and in the Commonwealth countries, the company is more widely used to describe the same sort of entity while the word corporation encompasses all incorporated entities. In American English, the company can include entities such as partnerships that would not be referred to as companies in British English as they are not a separate legal entity. Despite not being human beings, corporations, as far as the law is concerned, are legal persons. Corporations can exercise human rights against real individuals and the state, Corporations can be dissolved either by statutory operation, order of court, or voluntary action on the part of shareholders. Corporations can even be convicted of offenses, such as fraud. However, corporations are not considered living entities in the way humans are. While not a corporation, this new type of entity became very attractive as an alternative for corporations not needing to issue stock, in Germany, the organization was referred to as Gesellschaft mit beschränkter Haftung or GmbH. In the last quarter of the 20th Century this new form of organization became available in the United States and other countries. Since the GmbH and LLC forms of organization are technically not corporations they will not be discussed in this article, the word corporation derives from corpus, the Latin word for body, or a body of people. By the time of Justinian, Roman law recognized a range of corporate entities under the names universitas and these included the state itself, municipalities, and such private associations as sponsors of a religious cult, burial clubs, political groups, and guilds of craftsmen or traders. Such bodies commonly had the right to own property and make contracts, to receive gifts and legacies, to sue and be sued, private associations were granted designated privileges and liberties by the emperor. Entities which carried on business and were the subjects of rights were found in ancient Rome. In medieval Europe, churches became incorporated, as did local governments, such as the Pope, the point was that the incorporation would survive longer than the lives of any particular member, existing in perpetuity
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U.S. state
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A U. S. state is a constituent political entity of the United States of America. There are 50 states, which are together in a union with each other. Each state holds administrative jurisdiction over a geographic territory. Due to the shared sovereignty between each state and the government, Americans are citizens of both the federal republic and of the state in which they reside. State citizenship and residency are flexible, and no government approval is required to move between states, except for persons covered by certain types of court orders. States range in population from just under 600,000 to over 39 million, four states use the term commonwealth rather than state in their full official names. States are divided into counties or county-equivalents, which may be assigned some local authority but are not sovereign. County or county-equivalent structure varies widely by state, State governments are allocated power by the people through their individual constitutions. All are grounded in principles, and each provides for a government. States possess a number of powers and rights under the United States Constitution, Constitution has been amended, and the interpretation and application of its provisions have changed. The general tendency has been toward centralization and incorporation, with the government playing a much larger role than it once did. There is a debate over states rights, which concerns the extent and nature of the states powers and sovereignty in relation to the federal government. States and their residents are represented in the federal Congress, a legislature consisting of the Senate. Each state is represented in the Senate by two senators, and is guaranteed at least one Representative in the House, members of the House are elected from single-member districts. Representatives are distributed among the states in proportion to the most recent constitutionally mandated decennial census, the Constitution grants to Congress the authority to admit new states into the Union. Since the establishment of the United States in 1776, the number of states has expanded from the original 13 to 50, alaska and Hawaii are the most recent states admitted, both in 1959. The Constitution is silent on the question of states have the power to secede from the Union. Shortly after the Civil War, the U. S. Supreme Court, in Texas v. White, as a result, while the governments of the various states share many similar features, they often vary greatly with regard to form and substance
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Alabama State Bar
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The Alabama State Bar is the integrated bar association of the U. S. state of Alabama. The Alabama State Bar was established in 1923 and is governed by the 1975 Alabama Code, Title 34, the Bar also administers the state bar examination for those seeking to be admitted to the Bar in Alabama. The governing body of the State Bar is a Board of Commissioners, the Board is composed of at least one elected representative from each of Alabamas 41 judicial circuits. The values that guide the State Bar are, Trust, Integrity, the ASB has long served a dual role as an advocate for the profession and for the public. State Bar positions play an role in determining public and social policy in state. It represents practitioners in specialized areas of law, as well as affiliated, law-related organizations, the state bar serves as the voice of the legal practitioner in Alabama. It proposes model rules of responsibility for adoption by the supreme court. A meeting prior to the formation of a bar association of Alabama was held in Montgomery on December 13,1878. Afterwards, on January 15,1879, delegates from the bar of each county met at a conference in the Hall of the House of Representatives for organizing the State Bar Association. W. L. Bragg of Montgomery was elected the first president of the Alabama State Bar Association, thus, the state bar was founded and on February 12,1879, an Act incorporating the Alabama State Bar Association was approved by the governor. On December 4,1879, the first annual meeting of the bar was held in Montgomery, the Alabama Code of Ethics was adopted by the bar at its annual meeting in 1887 and was the foundation of the canons of ethics adopted by the American Bar Association. In 1923, the Legislature passed legislation integrating the Alabama State Bar Association with state government, integration made membership in a traditionally voluntary association mandatory, thereby allowing the Alabama Supreme Court to better regulate the legal profession. The state bars enabling legislation appears in §§34-3-1 through 88, Code of Alabama, under this chapter and rules of the supreme court, the state bar serves a dual role. First, the bar is the licensing and regulatory agency for lawyers in Alabama. The state bar protects the public by ensuring that lawyers who are granted licenses are not only competent to practice law. Second, the bar is a private association with responsibilities largely of a service nature, e. g. education, publications. These activities benefit the legal profession as well as the general public, the state bar is unlike a traditional state agency which ordinarily operates under the executive branch of government. The Supreme Court has duly noted that members of the bar of Alabama are members of an incorporated association
